| |
DRUGS
IN SCOTLAND: MEETING THE CHALLENGE |
| CRIMINAL JUSTICE ASPECTS |
| 51. A study should be conducted of the impact
of the introduction of the Glasgow Drug Problem Service on the criminal behaviour of drug
misusers (para 8.6). |
| 52. Decisions on diversion from prosecution
should be made on the basis of the circumstances of the individual drug misuser and the
alleged offence, as well as the substance concerned. The Lord Advocate should consider
this approach in any guidance he issues to Procurators Fiscal in connection with diversion
(para 8.12). |
| 53. Sufficient provision for alleged
offenders with drug related problems should be included in the proposed pilot social work
diversion schemes to enable future policy and funding decisions to be made in the light of
practical experience (para 8.14). |
| 54. In consultation with Procurators Fiscal,
Drug Action Teams should address the development of diversion schemes in their area within
the context of their strategic plans (para 8.16). |
| 55. There is scope for the greater use,
especially in more rural areas, of programmes linked to probation supervision which can be
used by the courts instead of custody. Local authorities should consider how this can be
taken forward in the context of their 3 year strategic plans for offender services and the
annual updates. Drug agencies should consider how they can provide a service linked to
criminal justice disposals, which involve a measure of compulsion, and which require
enforcement for non-compliance, alongside services provided on a voluntary basis (para
8.20). |
| 56. There is a small group of vulnerable
young offenders in the 16-18 age group who, in addition to the offences which have brought
them to the attention of the authorities may also be experimenting with illicit drugs.
However, prosecution of these young people might not be appropriate because of their
immaturity. Local Authorities should therefore examine how best use may be made of
resources and what programmes may need to be developed to enable these young offenders to
be dealt with by the Children's Hearings (para 8.22). |
| 57. Local authorities and health boards
should examine the scope for incorporating substitute prescribing in programmes for drug
misusing offenders linked to probation and other appropriate disposals (para 8.23). |
| 58. Most drug misusers who are dealt with in
the criminal justice system are likely to need combinations of similar health and social
care services whether being dealt with in the context of prosecution, sentencing or
release from custody. The Scottish Office should explore the feasibility of a single entry
system to assessment for, and access to community social and health care services for drug
misusers which might be used to assist decision-making at each stage in the criminal
justice process (para 8.24). |
